DTI Indaba on IP - 4 August 2011
16/08/2011

On Thursday 4 August 2011, The Department of Trade & Industry (DTI), together with the Standing Advisory Committee of Intellectual Property (SAC), held an Indaba primarily to look at the updating of a large number of intellectual property statutes including the Trade Marks Act, Patents Act, Designs Act and the Copyright Act. It is not clear at this stage whether the Counterfeit Goods Act will also be looked at, although the Chairman of the SAC undertook to do so.

The Indaba was well attended with members of the IP legal profession, Police, SARS, DTI, industry groups such as SAMRO and RISA and even traditional healers organizations all attending. It was clear from questions and comments at the Indaba that there is much frustration at the inability of the country’s current legislation to deal with the counterfeiting and copyright infringement problems prevalent in South Africa, particularly insofar as it relates to the infringement and copying of local musicians’ works.

While the consultative approach adopted by the DTI was welcomed, it became clear that the Indaba could, at best, only be the starting point for a much more involved process.

Steven Yeates
Partner
Trade Mark Department